QUESTIONS AND ANSWERS WITH EXPLANATIONS Flashcards
While working with a buyer client, Jeffrey filled in the blanks on the purchase agreement, drafted an early occupancy addendum, and assured his buyer that she was “fully protected” and would get her earnest money back if the sale didn’t close. He encouraged her to hire an attorney to review the contract and addendum, and then invoiced her for a nominal $15 fee to prepare transaction documents. Which of the following tasks was Jeffrey legally permitted to do?
A> Charging a fee for preparing legal documents
B> Drafting the early occupancy addendum
C> Filling in the contract blanks
D> Interpreting the contract provisions regarding the buyer’s full protection and getting her earnest money returned
ANSWER: C
Jeffrey did just about everything wrong! The only two tasks he performed that are NOT considered unauthorized practice of law are filling in the blanks on the purchase agreement and encouraging the buyer to seek legal advice.
Related to the legal description of land, what’s a monument?
A permanent land marker sometimes used in legal descriptions
Leon and Beth own 1/13 of a timeshare estate. How many weeks each year do they get to use the timeshare unit?
DIVIDE 54/13 = 4
What type of insurance protects a lender’s collateral interest in a property that’s being financed?
TITLE INSURANCE
(NOT MORTGAGE INSURACE) - it protects the actual asset.
The Simpsons are buying the Martin’s house for $415,000, and closing is set for March 15. The Martins have a loan balance of $230,000 at a rate of 4.7% and have prepaid property taxes ($2,506) and insurance ($1,400), and they also have mortgage interest to consider. Using a 365-day proration method, calculate the prorated amount the Simpsons will owe the Martins at closing. Assume February has 28 days this year. The sellers own the day of closing.
Calculate daily rates for taxes to be prorated: $2,506 ÷ 365 = $6.87. The Martins pay the first 74 days (January 1 through March 15): 74 x $6.87 = $508.38. $2,506 - $508.38 = $1,997.62 owed by the Simpsons. Homeowner’s insurance isn’t prorated between the buyer and seller. A homeowner’s insurance policy is an agreement between the insurance company and the policyholder, so any refund due to the seller/homeowner will be handled between those two parties.
Jackie was sued in civil court by one of her creditors. As a result of the judgment against her, her house, car, and art collection are all subject to sale in order to pay the creditor. What type of lien is this?
A. General
B. Special assessment
C. Vendor’s
D. Voluntary
A general lien is placed against all of an individual’s or a business’s real and personal property, not just a specific property. General liens include judgment liens—such as in this case—income tax liens, and decedent’s debts.
The Gatlins’ lender tells them they can afford a monthly payment of $1,830 on their new home loan. What interest rate are the Gatlins getting if this is an interest-only loan with a principal balance of $349,000?
A 0.524%
B 5.24%
C 6.29%
D 6.39%
Annual payment ÷ loan balance = interest rate. $1,830 x 12 to get the annual payment of $21,960. Then divide the annual payment by the loan amount: $21, 960 ÷ $349,000 = .0629, or 6.29%.
- You can also select each answer and multiply by the principal balance and then divide it by 12. The correct answer would have given you the monthly payment
A quitclaim deed does which of these?
A> Transfers a property with only the covenant of warranty
B> Transfers the property with full covenants
C> Transfers without warranty any interest or title the grantor has when conveying it
D> Transfers with warranty any interest or title the grantor has in the property when conveying it
C - A quitclaim deed provides no warranties or covenants; it only guarantees that the grantor is transferring any interest or title he or she may have in the property.
WHAT IS PUFFERY?
An subjective exaggeration.
Kevin’s MLS remarks note that the condo has the city’s “most beautiful twilight view of downtown and the bay.” for example:
In order for her house to accommodate her inability to hear, Angela has made a request for the house to be equipped with a doorbell that also alerts occupants with a flashing light. Which statement is correct?
A If Angela installs the doorbell, it is considered a trade fixture. If Angela wants to keep it, she must remove it prior to lease expiration.
B This is likely to be considered a reasonable accommodation, and Angela should be permitted to install it at her own expense.
C This is likely to be considered a reasonable accommodation, and the landlord should install it for Angela.
D This is not likely to be considered a reasonable accommodation, and Angela will need the landlord’s written consent in order to have it installed.
B - Fair housing reasonable accommodations require housing providers to permit tenants with disabilities to modify their premises to fit their needs. The tenant does so at her own cost, and may be required to return the unit in its original condition.
Which act states that communities and facilities that meet certain criteria for providing housing to older persons are legally exempt from familial status discrimination?
Under the Housing for Older Persons Act of 1995, housing must have one person who is 55 or older residing in at least 80% of its occupied units to be exempt from charges of familial status discrimination by age preference.
Which agency enforces Title II under the Americans with Disabilities Act of 1990, when it relates to state and local public housing, housing assistance, and housing referrals?
The Department of Housing and Urban Development (HUD) enforces Title II when it relates to state and local public housing, housing assistance, and housing referrals.
When appraisers look past how a property is being used to determine a more optimal function, what are they determining?
Highest and best use
Property managers must recognize the federally protected classes under ADA and the federal Fair Housing Act. Which list most accurately lists these classes?
Under the Americans with Disabilities Act and the federal Fair Housing Act, it’s illegal to use race, color, religion, national origin, sex, familial status, or disability to discriminate in the sale, lease, or financing of housing.
Regarding documentation, which of the following actions can help a licensee avoid being accused of unauthorized practice of law?
As a licensee, one way you can avoid inadvertently being accused of unauthorized practice of law is to use approved, fill-in-the-blank contract forms, and to always include an attorney review clause.
According to the process appraisers follow, what action is taken first upon being assigned a property for appraisal?
State the problem
Which entity services rural development loans?
FSA
The Farm Service Agency, an agency of the USDA, administers this program.
What must a licensee do when he wants to purchase a home listed by the brokerage where he’s affiliated?
If a brokerage is listing a property that a licensee affiliated with that brokerage wants to purchase, the licensee must notify the broker in writing and disclose his intention to the seller.
You’re representing Abe and Ben in a dual agency situation. Abe tells you something that would give Ben a distinct advantage if he knew. Do you tell Ben?
Dual agents must still keep their clients’ information confidential, even from the other client.
Which of the following could indicate a problem with the chimney flue or ventilation?
Drafts near the fireplace can indicate a problem with the flue or ventilation. Buyers will need to know the condition of the fireplace and chimney, since they may face issues after they buy the home.
The defeasance clause means
the lender is prevented from trying to pursue additional payment because the loan has been paid in full.
An alienation clause, or due-on-sale clause,
requires the borrower to pay the full mortgage balance, as well as accrued interest, back to the lender before they can transfer the property to a new buyer.
Which of the following is a common chimney or fireplace problem?
The presence of creosote (thick and oily liquid) outside a chimney can be a common problem.
Craig’s loan is secured by a mortgage. Who holds legal title when this security instrument is used?
The borrower holds legal title to the property that secures the loan when a mortgage instrument is used.
While Martha’s paying off her loan, her lender is holding on to something that includes her name, property address, the interest rate on her loan, what the late charge amount would be, and the amount and term of the loan. When her loan is paid off, the lender returns it to Mary, marked paid in full. What is this item?
A promissory note is the borrower’s promise to repay the loan. When the loan is paid in full, the note is marked as paid in full and returned to the borrower.
Janice wanted to sell her townhome, and her neighbor was considering buying it. She wanted to put it on the market while she waited to find out if her neighbor was going to buy. In order to receive the best possible representation but avoid paying a commission if her neighbor buys the property, which type of listing agreement would best suit Janice’s needs?
It’s easy to confuse exclusive agency and exclusive right to sell. With exclusive agency, the seller retains the right to find a buyer and avoid paying the commission, but the seller’s listing will likely receive more attention from the agent than it would with an open listing.
Which economic principle says that value is created and maintained when the characteristics of a property fit in with its surroundings?
Conformity
What well-known economic principle says that a property’s value is determined by what it would cost to purchase a similar property?
The principle of substitution assumes that a reasonable person wouldn’t pay more for a nearly identical property; therefore, the price of similar properties influences a given property’s market value.
Jacob lost his job in an economic slump and is behind on his mortgage. Georgia is a non-judicial foreclosure state. Which section of his security deed gives his lender to right to sell the property if he defaults?
The Transfer of Rights in Property section gives the lender power of sale, meaning the lender can sell the property without judicial proceedings if the borrower defaults.
Which of these would void a deed intended to convey property?
The grantor must be mentally competent and of legal age, though neither of these is essential for the grantee. The grantor is required to sign the deed, and the grantee must provide some sort of consideration.
When the Georgia attorney general’s office finds that the investigation’s evidence has legal grounds, the office will either propose a consent settlement for the commission to review and approve or ______.
File a notice of hearing with the Office of State Administrative Hearings
In Georgia, upon what amount is the transfer tax calculated?
Transfer tax is calculated based on the sales price.
Gail was supposed to close on her new home by the end of May, but she kept asking the sellers if they could push the closing date back. Soon the summer was over and she still hadn’t closed. Gail was guilty of not adhering to which aspect of the contract?
Timeliness is definitely part of performance. The phrase “time is of the essence” means that the parties will proceed according to the date(s) specified in the contract. Reasonable time is assumed if a specific performance date isn’t mentioned.
Gina is buying a condo in Tybee Island. Unless otherwise negotiated, which of the following closing costs will she pay?
The buyer is responsible for payment of the intangible tax unless otherwise negotiated in the purchase contract.
Lacey works for a government agency as an office space location specialist. Her role is to gather information and locate office space for government agencies. Does she need a real estate license?
No, government employees are an exception to the real estate license requirement.
Mary has a contract to buy her mother’s house when her mother is finally ready to move to a senior living community. This way, the house stays in the family. After her mother finds a suitable senior apartment and moves, Mary writes a check for the agreed-upon amount, and her mother transfers the deed to Mary. What is happening in this scenario?
This is an example of contract performance. Performance means that the two parties have met the terms of the contract.
Marco, a buyer in Atlanta, wants to terminate his buyer’s representation agreement with his agent. What is TRUE about this situation?
Termination of the agreement may or may not relieve the buyer of any amount owed under the terms of the agreement; this will be up to the parties to determine.
Which of the following written statements is required in a dual agency disclosure in Georgia?
Information of a confidential nature won’t be provided to other parties. Dual agency is optional, and both parties must consent in writing for legal dual agency to exist.
If you see sawdust that can’t be explained, it’s probably a sawdust-like material called frass created by which pest?
Carpenter ants
Who holds the promissory note while it’s being repaid?
The lender is the obligee who holds the note while it’s being repaid. If the note is transferred, the new owner becomes the obligee and note holder.
What’s the transfer tax on a Georgia home sold for $215,000 with a mortgage loan of $180,000?
The transfer tax is .001 (.1%) of the sales price, so $215,000 x .001 = $215.
Which real estate finance instrument in Georgia may include the pledging of collateral and the release of that collateral in the same document?
Lenders may release the Georgia security deed simply by noting the release on the deed itself.